Why Do I Need a Pool Safety Certificate?
2 July, 2024
Owning a pool in Queensland comes with significant responsibilities, especially ensuring the pool area is safe and follows regulations. Getting a valid pool safety certificate is crucial. Not having one can lead to hefty fines and other serious problems. We are here to explain why pool safety certificates are essential, the fines and penalties for not having them, and what you need to know when leasing, selling, or buying properties with pools in Queensland, according to the Queensland Building and Construction Commission (QBCC).
What Is A Pool Safety Certificate?
A pool safety certificate is a mandatory requirement in Queensland only to confirm that your pool is up to the required standards for safety within the state. The standards have been devised to reduce the risk of drowning and also reduce the risk of injury from other causes, especially in small children. The certificate means your pool barrier is sound and complies with safety standards. A pool inspector will issue a safety certificate to your pool if it passes their inspection, or after the appropriate changes have been made to your pool area.
Penalties and Failure to Comply With Regulations
Not obtaining a pool safety certificate when required can attract quite significant penalties. QBCC fines can reach up to thousands of dollars. The Queensland Government assigns a dollar value for points given towards a fine. The more points you receive, the higher the fine. Every year, the dollar value of a point increases with inflation during July. As of July 2024, a point is worth $161.30. For failing to meet pool safety regulations, the party responsible can be awarded up to 165 points, meaning that the maximum penalty you could be fined is $26,614.50. The amount you will be fined is decided in court. This amount could also be divided among various parties, depending if it is found that people are all partly responsible for failing to meet the safety regulations. Homeowners, property managers, body corporates, and even inspectors can each be awarded points for this non-compliant pool. Pool inspectors also have a maximum amount of points that they can be fined before having their license taken away, just like a drivers license.
Besides, there can be much more severe consequences than just financial penalties, which are pretty significant themselves. For example, any accident and non-certified pool will lead to a lawsuit for the rights to compensation. Even more importantly, without a certificate, insurance companies will not cover any claims or suits, and the owner is exposed to financial ruin.
Renting A Property With A Pool
In Queensland, by law, a safety certificate is needed when leasing out a property with a pool. It is illegal to enter into a leasing agreement without a valid safety certificate. The owner must provide a copy of the pool safety certificate to the tenant within entry into any tenancy agreements about whether or not tenants can use the pool in a safe manner. The offence includes failure to provide a pool safety certificate under the new legislation; there are fines and even legal action. Non-compliant pools can be reported by tenants to the QBCC, resulting in inspections and enforcement action. This potentially exposes the landlord to penalties and can disrupt the rental process and cause disputes with tenants.
Selling or Buying A Property With A Pool
At a time that one may be selling or buying a property with a pool in Queensland, the owner of the property is obligated to issue the buyer with a current pool safety certificate for the pool or instead a Form 36 (notice of no pool safety certificate). Sellers may provide the buyer a pool safety certificate at settlement to confirm that it is compliant. Or, in the absence of such a certificate being current, the seller must provide a Form 36. This form deems the obligation of the buyer to obtain a pool safety certificate within 90 days after settlement. Buyers must also bear in mind that, when taking possession of property with a non-compliant pool, they are responsible for making the pool compliant and certified; failing to do so within the stipulated time may lead to fines and legal suits.
Instances When A Pool Safety Certificate Is Not Required
In some circumstances, a certificate is not needed. This is when there is a property with a pool and that property is not being sold or rented out. If you are just planning on living as a homeowner in your own house, you do not need an updated pool safety certificate. While the pool does not need to be certified, it is still advisable that safety standards are adequately maintained so that accidents do not occur and those using the pool are kept safe. But this only means that, by law or not, pools should be kept safe. Regular inspections and maintenance will prevent accidents and keep the pool a safe and enjoyable property feature. It is only when you are planning on selling or leasing the property that you will need to contact your local pool inspector for a new pool safety certificate.
The 90-Day Period After A Failed Inspection
If a pool fails an inspection, there is a 90-day period in which the owner needs to correct the issues that the pool inspector has noticed. During this time, the owner cannot have another inspector check for a re-inspection. This provision is made so that consistency and accuracy are maintained through the process of inspection. Different inspectors may have differing perspectives of pool compliancy. After the initial inspection, the inspector will issue a non-conformity report which will outline the work that needs to be done in order to achieve compliancy. It will now be up to the owner to attend to the concerns raised and book with the same inspector to re-inspect. Only after a pool passes the re-inspections will a pool safety certificate be issued. Some inspectors will offer services to rectify the issues for you, so check with your pool inspector if you are unsure about the rectifications.
Conclusion
In Queensland, the safety and compliance of pool areas remain a crucial responsibility for not just homeowners, but also property managers, body corporates and pool inspectors, especially those renting or selling properties with pools. A valid pool safety certificate, however, is a document that can prove the pool passed the safety standards set by the state. Non-compliance, on the other hand, may lead to hefty fines, legal liabilities, and the disturbance of property transactions. Pool compliance, either in renting, selling, or purchasing a house, is essential to avoid penalties and ensure everyone’s safety in using a swimming pool.
References
https://www.qbcc.qld.gov.au/your-property/swimming-pools/inspect-certify-pool
https://www.qld.gov.au/housing/buying-owning-home/pool-safety
https://www.qbcc.qld.gov.au/your-property/swimming-pools/swimming-pool-safety-laws
https://www.qbcc.qld.gov.au/your-property/swimming-pools/buy-sell-lease-property-pool